[Taxacom] e-only publication for zoology, starts today

Richard Pyle deepreef at bishopmuseum.org
Thu Sep 6 04:33:33 CDT 2012

This is a very good discussion, and along the lines of what the
Commissioners wrestled with when making the decision about the effective
date of the Amendment.  The slopes are slippery in all directions.

One of the things I looked into during the ICZN discussion was the complete
list of works published after 2011 that were registered in ZooBank.
Presumably, this is the finite pool of possible works that could have been
considered published (or, at least could be confused as being published) in
the sense of the Amendment prior to September 4th. The point was to look at
the subset of such registered works that had an electronic version (not all
did), then the subset of *those* works where the electronic version was
published earlier than the paper version (or lacked a paper version), and
then the subset of *those* works that met the other criteria of the
Amendment (Archived, ISSN, etc.).  Although I did not research every single
work, I was unable to find any that met all of these criteria. Certainly,
none of them had an Archive indicated in ZooBank.

Another thing to consider: in general, when there are multiple criteria for
a published work to be available under the Code, and all those criteria are
not met simultaneously, then it seems to me that the effective date of
publication (for purposes of establishing nomenclatural priority for the
included nomenclatural acts) is the date on which all of the criteria are
fulfilled.  This has been the general model for new names (a model that I
believe is also followed for botanical names -- i.e., that the effective
date of establishment of a new name is taken as the date on which all
requirements of the protologue are fulfilled).

Following this logic, a PDF generated in March 2012, that had its Archive
indicated in ZooBank in September 2012, would be effectively published in
September; not March.

Is this logic flawed?


> -----Original Message-----
> From: taxacom-bounces at mailman.nhm.ku.edu [mailto:taxacom-
> bounces at mailman.nhm.ku.edu] On Behalf Of Paul van Rijckevorsel
> Sent: Wednesday, September 05, 2012 11:00 PM
> To: taxacom at mailman.nhm.ku.edu
> Subject: Re: [Taxacom] e-only publication for zoology, starts today
> Yes, this is a line of reasoning that is possible, except the part about
the date
> of publishing. It is possible to look at a PDF which was published in
> 2012, containing a publication registered in ZooBank, and note that in
> it was unpublished in the sense of the zoological Code. It remained
> unpublished until the new amendment was accepted AND the Archive was
> indicated, and then suddenly it sprang into existence (according to the
> now, it is published).
> However, that does not mean that the publication date would have been
> affected: there is a difference between the date it came into existence
> (retroactively) and the publication date. These are governed by different
> provisions in the Code.
> Very slippery stuff, this retroactivity! (there are a lot of names
governed by
> the botanical Code that have suddenly come into existence or dropped out
> of existence, complete with a publication date, by retroactive changes in
> botanical Code, so it is somewhat familiar ground to me)
> But there is a lot in the zoological Code that can be read in more than
> way; it has not been written to be read easily.
> Paul
> From: "Laurent Raty" <l.raty at skynet.be>
> Sent: Thursday, September 06, 2012 10:02 AM
> > Why not, Stephen? There's nothing in the Amendment that says that the
> > Archive designation must have been present in the ZooBank entry from
> > the beginning.
> >
> > 8.5.3: The work must "be registered in the Official Register of
> > Zoological Nomenclature (ZooBank)" (no actual specification of when
> > this must have occurred). And it must "contain evidence in the work
> > itself that such registration has occurred" (thus the registration
> > must have occurred before the work content was finalised).
> >
> > "The entry in the Official Register of Zoological
> > Nomenclature must give [...]". This is a simple present tense: I can't
> > read this any other way than "this must so /now/".
> >
> > Both are fulfilled /now/, thus it seems to me that the pdf is validly
> > published. Of course, as long as was not met, the work was
> > logically unpublished. Thus, as Rich noted, the real publication date
> > should be when the designation was added.
> >
> >
> > Perhaps it could be argued that it's not the case because the date of
> > publication as stated in the pdf is actually incorrect, hence 8.5.2 is
> > not "really" met? But arguing so might be a slippery slope, as the
> > reasoning would then have to be extended to any other e-publication
> > claiming a date not fully correct...
> >
> > (Also, the word "publication" seems to be used inconsistently in this
> > part of the Amendment, which might make this type of argument
> > problematic. In any case, the examples that are associated to
> > very clearly use "published" in a sense that is /not/ "meeting the
> > provisions of Article 8-9". In fact, the wording of this part of the
> > Amendment - + associated examples - leaves me very much
> > perplexed.)
> >
> >
> > Cheers,
> > L -
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